An Introduction to the Role of Expediency in Islamic Jurisprudence

The essay deals with examining the crucial questions with regard to the relation of jurisprudence and expediency. After a brief explanation of some key terms and introduction of the subject, the author presents the background and the application of expediency in Shiite fiqh and usul. The essay consists of three sections as under:In the first section, expediency is considered as the base of legislation by God and his prophet. In the second section, expediency is dealt with as an instrument for the determination and inference of general legal (Shariah) rules. In the same section the case of masa’lih – e-morsalh, a popular principle in Sunni usul has been pointed out. In the third section, expediency has been reviewed as the base of state rulings and an instrument in management of society. The main concern in this section is “how can one employ this instrument and in the same time be adherent to the religious and fiqhi principles in social administration.